Prosecutors with the state Attorney General’s Office have petitioned the state Supreme Court to reinstate bribery charges against a prominent Rancho Cucamonga developer in a sweeping San Bernardino County corruption caseinvolving three former county officials.

The petition, which just met the court’s filing deadline, asks the court to reconsider an Oct. 31 ruling by the 4th District Court of Appeal in the Colonies case.

Rancho Cucamonga developer Jeff Burum stands accused of conspiring with three former county officials in an alleged bribery and extortion scheme that cost taxpayers $102 million, but in the Oct. 31 ruling the appeals court rejected prosecutors’ request to reinstate four bribery charges against Burum.

Those charges are vital to prosecutors’ case, defense attorneys said.

Also charged in the case are former county Supervisor Paul Biane, former Assistant Assessor Jim Erwin and Mark Kirk, former chief of staff for Supervisor Gary Ovitt.

All four defendants deny any wrongdoing.

Prosecutors say their case has been hampered by California bribery laws they say “failed to develop alongside evolving national legal standards” and conflict with other court decisions, and that by reviewing the case the state’s highest court can provide guidance on those issues.

“Although unpublished, this high-profile corruption case is being closely watched, and will be used as a benchmark to inform the conduct of both public officials and those seeking to influence them as to what acts they can commit without subjecting themselves to prosecution,” they write in an 18-page argument. “… In these hard economic times, where local governments are going bankrupt and individuals are struggling to stay afloat financially, California citizens are entitled to local prosecutors fully equipped with all available charging tools to fight against the theft of their tax dollars.”

This aspect of the legal battle began when San Bernardino Superior Court Judge Brian McCarville sided with defense attorneys by dismissing five of the seven charges against Burum. McCarville determined that a person accused of giving bribes cannot also be charged with aiding and abetting the receipt of bribes, which prosecutors have alleged.

On appeal to the 4th District Court, prosecutors argued that the law contains no such exemption and that the facts should determine whether such charges are warranted.

In his initial ruling, McCarville also dismissed a charge of misappropriation of public funds against Burum.

In its Oct. 31 decision, the appellate court reinstated the misappropriation of public funds charge and dismissed the conflict-of-interest charge against Burum.

Burum now stands charged with conspiracy to commit a crime and conflict of interest.

The appellate court also reinstated, on request from prosecutors, a charge of misappropriation of public funds against Biane, Kirk and Erwin initially dismissed by McCarville.

District Attorney’s spokesman Christopher Lee said he could not comment on the matter beyond confirming the petition was filed because the case is pending.

I just want to commend Joe Nelson on doing an excellent job off keeping the public memory informed and refreshed on a timely basis as to what the circumstances and charges are regarding this corruption case. Developer corruption (like rust) never sleeps……Thanks for the phrase Neil Young.

Anonymous on
December 12th, 2012 3:23 pm

#1, Good job. #2,All your facts are wrong. Do some research please, because I hate to call you a moron.

OOf….you are right, he also forgot to mention that the retired judge that signed off on the settlement later said that if he had been privy to all the facts at the time, he would never have signed off on the settlement. Mr Nelson may be slipping.

Observer of Facts on
December 12th, 2012 4:30 pm

Anonymous #3:

I HAVE done “some research,” and it includes more than reading articles in The Sun and The Daily Bulletin. For example, I have read Judge Warner’s Intended Statement of Decision, and just finished reading the “Petition For Review” attached to the above article. Have you?

With respect to my comment #2, since you feel that “all” my “facts” are “wrong,” can you cite one of them and explain why it is “wrong.”

Anonymous on
December 12th, 2012 5:08 pm

#3…if anyone “knows” it’s Observer of Facts; the “facts” presented always make sense coming. You must be new here and have not kept up with OoF’s past comments.

Anonymous on
December 12th, 2012 6:34 pm

last inning MIKEY!!!!! What do ytou do when this gets flushed also???? Do you hear it???? Its the clock ticking on your career ….. TICK TICK TICK TICK BOOOOOOOM!!!!!!!!!! SEE YA DA Scumbag I hope you rot in hell!!!! AFTER you are sued for whatever you have left once your wife gets hers lololol

Anonymous on
December 12th, 2012 6:42 pm

Who controls the court room? Who works the room to deliver the appropriate verdict? Do Judges have feelings? Do they put their pants on the same way I do?

Think they get a little burr under the saddle when you appeal their decision to the Supreme Court?

Really….As to Larson, all the better that he was a federal judge. That just proves my point all the more. As to your threats, BLAH BLAH BLAH. Let him sue away, it will only prove my point that he is a scoundrel and a bully. If the public dislikes him now they will hate him if he goes on any vendetta campaign. Like Anon#11 alluded to, the winds are changing, common tax paying Americans like myself are tired and pissed over political abuses and the related abuses executed by corrupt business people. The accused (perhaps you are one judging from your response)were not totally absolved from their charges. In other words, there is some doubt as to their innocence. Save your energy for fighting your case in court.

Anonymous on
December 12th, 2012 11:36 pm

Just how Gary Miller is getting off for tax evasion, the same will happen to the above.

Anon#15…the accused should try running for public office. It would be interesting to see the public response. So no, Gary Miller came out light years ahead of the above.

Anonymous on
December 13th, 2012 12:12 am

Red,

What you fail to be sensitive to is the “changing reality” in our county. Please don’t get stubbornly trapped spinning your wheels in the same old mud, with the same old story of the past. We are moving forward in this county, even those once unsuitable are joining us, and I’d hate to leave you behind-especially while in distress.

On another note, your hateful remarks about Mr. Larson are always way off and very inappropriate. He is a good and honorable man, and his success in his chosen profession should not cause you to be envious and hateful towards him. Actually Larson has remained in Inlandpolitics’ top 10 “Most Popular Posts” and where YOUR ENVY towards him is again very clear and unfair.

About your “racial stuff” remark… again, you are way off. Yes, James Ramos won, but what we said is NOT racial, nor false. In fact, it’s worse than first thought, we have just begun to uncover it’s depth. Calling it “racial” will not coward us into not speaking out at the appropriate time; but knowing me, that should go unsaid.

=== To #13 Don’t bully Red, we do NOT agree with him here most of the time, but he is no dummy, and we like him, he just needs to open up and move his thinking forward.. Also, we want him to “remain Red” it pleases us to see that color here. And your “defamation” threats on us bloggers is ridiculous, shows how little you know us here.

Anon#17…..Thanks for your sub note to Really? #13. For a moment I thought he was trying to tell me that should the Godfather escape prosecution he would then proceed from screwing us tax payers collectively to screwing us individually…..I do agree that we are moving forward, but I do not believe that you are in touch with the political winds, In fact, Judging from the last election, you are lost and trying to see the situation under the best light. This is just not possible. Part of moving forward is addressing and correcting problems of the past. When you have a house that has rot at the base or an undermined foundation, you do not move ahead with additions or adding additional floors without correcting the problems at the base….As to the racial stuff, why argue the point? Go back and read election era posts from this site. It wasn’t just in this county it was nation wide and now conservatives are holding out the olive branch with one hand and holding their nose with the other.HA HA HA. It’s humorous……As to Larson, I do not begrudge a persons success only their means of obtaining it, God bless a person’s success when it is upright. I had no problem when he was a judge although if money was his main goal he should never have become a judge. Hey, Patreaus is out of a job right now, would you have a problem if he went to work as a consultant for the Russian or Chinese military? I know I would.

Anonymous on
December 13th, 2012 9:03 am

Red,

“Part of moving forward is addressing and correcting problems of the past.”

We are, but not in haste, or they will only be a passing mention is a blog or newspaper, if at all…we want justice via a “permanent” change. Sometimes it’s best to work quietly, then those who wish to also change, and provide information, will not be harmed in any way.

And it’s not that I’m “not in touch” I just get overwhelmed, so don’t push me over the edge- haha.

OH YES… we NOW see “the situation under the best light” THANKS TO JAMES RAMOS ridiculous run for office…in OUR soil!

Your “Patreaus/Larson” comment was out of line-pure nonsense.

And I do not need to go back and read “election era posts from this site” I wrote many of them and remember them well…if that bothers you, “YOU GOT ANOTHER THING COMING” in other words, there is more yet to come.

Red, lol…come on, give me some credit, NO additions were added without FIRST considering and reenforcing, or rebuilding, a solid foundation; it’s now there, for good, trust me!

Annon#20…I see where we differ. Where I seek change for a better and more equitable future for all county tax payers, you seek a change back to more of the same political methods we had in the past. HA HA HA. “I have another thing coming”? go ahead and dig the hole deeper for yourselves,You’re almost at the point where you can’t climb back out as it is. You are too focused on Ramos and not giving head to what his election win represents.

As to Patreaus/Larson, That was spot on. Once again, I would not like to see someone of the generals status work in any capacity for any nation outside of our own. The reasons are very obvious and are very similar to Larson’s situation. Is Larson a nice person? I’m sure he is. Most people are, heck even Al Capone set up soup kitchens.

OOF….There is a big difference between a day in court and hiring an ex-federal judge to get you out of having to spend a day in court publicly explaining your unethical business methods.

Anonymous on
December 13th, 2012 10:56 am

Red,

An after thought … did “Really?#13” seriously concern you with his threats about you not being “smart enough to use a public computer”?

If you don’t believe ANYTHING ELSE I say here, you can believe one thing; and that is that YOU, or NOT ANYONE, EVER HAS TO LEAVE THE COMFORT OF YOUR HOME to give their honest opinion here- I use my personal computer, and say things that even bother you, but in the end, I know that I am protected and safe here…regardless of whomever my remarks are directed at.

“Really?” was not trying to tell you anything, just rattle you, pay him no mind, he is a ghost who has no power or influence within the “Godfather” circle, as you put it, and no one is going to take vengeance on anyone here. He just wants to scare you, and others, from coming on here…so don’t get paranoid on us, then you’ll feel you are being followed or had a chip implanted on your head last night(lol)

Besides, we still need time to set you straight, n’est-ce pas? How? For starters I never said YOU had another thing coming yourself, unless you are Ramos, part of his EASTSIDE gang, or network of “professional” thugs with fancy titles. You are wrong about me wanting to go back to the same old, and your comments on Larson and Capon are off…….

Anon#22…Thanks for the reassurance but I’m used to being threatened. ACU does it all the time. I’m no part of any east side group, only a group of fed-up Americans. I still maintain my comments on Larson and Patraeus are spot on. The Capone comment was only to show even criminals are capable and often pursue a good public image.

Anonymous on
December 13th, 2012 12:19 pm

Red,

Um… so you FROWN on “someone of the generals status” working IN ANY CAPACITY for ANY nation OUTSIDE of our own?

Well, then James Ramos should have remained in HIS nation, as Chief of the San Manuel Band of Mission Indians, in your book, oui?

That was my point, but Larson is not going OUTSIDE his “NATION” nor his chosen profession…key word “chosen” – it’s a blessing our NATION gives us, CHOICE and FREEDOM.

Now at least we both agree that James Ramos had NO BUSINESS running for BOS OUTSIDE his nation.

Anonymous on
December 13th, 2012 1:44 pm

#20 – Are you saying part of moving forward is addressing and correcting problems of the past, and you are working quietly to get information so others will not be harmed? And do not push you over the edge? What is that all about?

Anon#24…… Nice try, but Ramos is American. If there are laws regarding the reservations that you do not like blame the people who established the reservation system. BTW, is this anon the bitter Neil Derry?

Anon#26…..I was wondering the same thing, but then gave up and said to myself “what does it matter?”

Anonymous on
December 13th, 2012 2:50 pm

Red, NICE TRY? No. Fact. If Ramos was “American” his Indian nation would NOT have to pay, us- the United States of America, millions a year to prosecute and arrest THEIR criminals. (Is that right- Hoops/Ramos?)

And please do not call me Derry, you can address him separately, although I hear he has NOTHING to be bitter about…his sweet silence should be taken seriously though- btw, he does not need to explain anything to anyone.

=== GEEEEEZZZZZZ #26 …..RED SAID I WAS “NOT IN TOUCH” SO I WAS KIDDING WITH HIM ABOUT GOING OVER THE EDGE! LIGHTEN UP!

Repairman on
December 13th, 2012 4:08 pm

Observer of Facts #30 You seem to believe judges are saints instead of a lawyer in a robe.

Observer of Facts on
December 13th, 2012 4:45 pm

Repairman:

I believe that it is far more likely that the county tried to bully a private party who successfully fought back than I do a private party successfully corrupting a number of judges.

Nice to see you back; don’t forget to check with us in 12 months and let us know how you think James Ramos is doing.

OOf#32 Not just the judges but also mayors council persons, supervisors and anyone else that could gain him a profit. Although, Repairman is pretty accurate when he says judges are just lawyers in robes.

Why, Did someone tell that to the people that decimated Indian culture Or are you recommending this from experience?

Anonymous on
December 13th, 2012 10:46 pm

Red.. What do you mean by “Why?” Who told what to what people? I’m not that smart, I don’t get your off remark, but I do get you are insinuating I am a “racist” against Indians-again. You are wrong.

And… am I recommending WHAT from “experience”… OH THAT…yeah, true, I am millions of years old and I have lingered on this earth to warn the people that my sophisticated Indian ancestors, through their studies, have calculated THE END OF EARTH…and I tell you here today that DARKNESS WILL FALL ON DECEMBER 21, 2012…do not fear, just gather your loved ones, go to confession, and buckle down-it’s all over.

All silliness aside, I’m talking about EDUCATION “the mind”- not – CULTURE “color and dance” both are important; but you can be Indian with vast knowledge: math, science, literature etc, AND still have a culture: art and music.

The reason I said, “BUT WHY STUDY, THINK AND WORK WHEN THEY GET FREE MONEY” is because I have heard it said by many Indian High School students. It’s heartbreaking to hear them say that they do not care if they get F’s in English, math or anything because they aren’t going to college anyways, because as soon as they turn 18 they get their money and with a secure check of thousands a month for life, so why study and get a job. That is what the Indians here should be caring about, THE IDLE TIME many of these youths have on their hands; because it seems no one tells them their life is worth more -much more- than easy money.

BTW…no offense, but you are starting to sound like Joe Baca bringing up the old “mistreatment from our grandparents” so they deserve this and that. No one is depriving them, it’s there for the taking.